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Nicola-mod, Moderator

Category: Law

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I bought a Hotpoint condensing tumble dryer online, which

Customer Question

I bought a Hotpoint condensing tumble dryer online, which is advertised as a reversing tumble dryer. After I used it the first time I phoned the company I bought it from - Boots Kitchen Appliances - to say it was not reversing. This was two days after it was devlivered. It tumbled one way for over 4.30 minutes an then reversed for about 10 seconds. Consequently, everything was wound up in tight ball and by the time the inside of the tight ball was dry the creases were baked in - all wrinkle resistant items. I wanted to return it, but the customer services agent I spoke to said something was wrong and would get an engineer out. He came and said it was how it was engineered - the machine was working normally. I phoned Boots and I spoke to an agent who thought he was mistaken, and didn't check properly. I went through what was happening and she agreed it shouldn't be tumbling one way for so long, and arranged for a senior engineer to come out. He did, he phoned his technical support while he was here, and was told that it does only reverse for a few revolutions after about 4 and a half mintues. I was unable to speak to the customer services agent, but it was left she would phone me when when she was working. She did not, and today I was again unable to speak to her. The agent I spoke to says they can only accept the return of a machine that is not working properly, and I should get an independent engineer to test it and if he finds a fault they will go back to the manufacturer.

It is my understanding that as I bought it online there are safeguards, and things can be returned within 7 days. Is this so?

Hello, welcome to Justanswer. My name is Tony and I shall help you with this today.

tdlawyer :

Yes, you're right. If you buy goods as a consumer over the internet or via any other form of distance communication (e.g. post, telephone), then you have the right to cancel the contract and require a full refund within 7 days.

tdlawyer :

That period is extendable up to 3 months if you were not told about cancellation rights, but most bigger companies ensure they don't fall foul of this by including the notificiation in their terms and conditions, which we all never read and just tick the box on the screen to say we understand them.

tdlawyer :

It's best therefore to work on the basis of 7 days usually.

tdlawyer :

If you wish to exercise your cancellation rights in this regard, you will need to prepare a written notice (in the form of a letter or email) to go to the company. In that notice, or email, you should say that you're cancelling under the distance selling regulations.

JACUSTOMER-qp06oj2m- :

What then is the next step for me? All I have for them is a customer services email number.

tdlawyer :

Do you have the name of the company? If so, you can find out the registered address of the company from Companies House.

tdlawyer :

Letters should be sent to be registered office address if possible.

tdlawyer :

Is also sensible to send the same notice to whatever email address you have for them.

tdlawyer :

The appropriate email address is usually notified to you in their confirmation of order acceptance email.

JACUSTOMER-qp06oj2m- :

The agents keep saying that they can only take something back if there is a fault. I have already told them I thought this not true - which you have confirmed. In good faith I waited for the engineer inspections (all I want is a working machine). I take it this doesn't affect the 7 days as I complained about the machine in time?

tdlawyer :

Are you there my screen show you as been disconnected?

JACUSTOMER-qp06oj2m- :

hello - no here!

tdlawyer :

Ah good.... don't know what happened there.

tdlawyer :

Sometimes, even businesses just don't understand the law. Or, more cynically, if they do understand that, they like to pretend that they don't. I'm not saying that is the case here, but you just never know!

tdlawyer :

At the end of the day, if they refuse to give you your money back, when you're entitled to it, you may have no option but to issue court proceedings. If you paid by credit card, then you can always take this up with the credit card company, and they are likely to take the issue up directly with the retailer. The credit card companies are liable in the same way as the retailer you see.

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